South Sudan's English Daily Newspaper
"We Dare where others fear"
By Awan Achiek
The U.N Commission on Human Rights in South Sudan on Sunday called on the government to expedite the establishment of the African Union (AU)-led Hybrid Court enshrined in the 2018 revitalized peace agreement to try war crimes committed during the years of civil war that broke out since December 2013.
December 15, 2024 marked the 11th anniversary of the brutal conflict that killed tens of thousands and displaced millions internally and externally.
Yasmin Sooka, Chair of the Commission, said victims of the 2013 and 2014 conflict demand justice.
“It is devastating to witness how entrenched and cyclical the violence has become due to the failure to hold the perpetrators accountable, including those identified by the Commission as having command responsibility,” Sooka said in a statement issued on Sunday, marking 11 years since the first outbreak of civil war on 15th December 2013.
Sooka noted that pervasive impunity has emboldened individuals to commit horrific crimes as they have no fear of retribution, adding that South Sudanese want justice and reparations for what they have suffered.
Chapter 5 of the peace agreement signed by President Salva Kiir and First Vice President Riek Machar calls for the establishment of the Hybrid Court, transitional justice, accountability, reconciliation and healing institutions.
Another member of the Commission, Barney Afako, said the process of establishing the Hybrid Court should commence now in the aftermath of the government having enacted the transitional justice laws.
“The enactment of legislation to establish the Commission for Truth, Reconciliation and Healing, as well as the Compensation and Reparation Authority, must now be followed by urgent implementation,” said Afako.
He said that setting up the Court will help to bring justice for atrocities committed during years of the conflict.
“Thousands of South Sudanese continue to live in fear of violence, displacement, and death, yet those responsible for their suffering remain at large or in positions of authority,” said Afako.
Afako urged the government to engage the African Union to complete the process of establishing the Hybrid Court.
“Authorities must also engage the African Union to complete the process of establishing the Hybrid Court, and the game of transferring responsibility for the failure to act on establishing this court must now end,” he said.
Afako disclosed that without a genuine commitment to accountability, peace and reconciliation will remain elusive.
Carlos Castresana Fernandez, a member of the Commission said that without commitment to peace and justice from national leaders, the country will continue to struggle to shake off the impacts and legacies of the conflict that broke out in December 2013.
“The human cost of the conflict in South Sudan is immeasurable. For the victims and survivors, the lack of accountability remains one of the most significant barriers to peace. Failing to end impunity is a failure of governance and leadership,” said Fernandez.
He said that the situation will not improve until there is a robust, independent national system of justice to address the crimes committed against the South Sudanese people, calling on the government to urgently implement the extensive recommendations of the Judicial Reform Committee.
The Commission on Human Rights in South Sudan is an independent body mandated by the United Nations Human Rights Council to monitor human rights violations.
It was established in March 2016 to investigate the situation of human rights in South Sudan and to make recommendations to prevent deterioration of the situation.
